Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

"The rule of equity that exists in England, does not apply, and so long as a Suit for specific performance is filed within the period of limitation, delay cannot be put against the plaintiff."

Failure To Recover Dead Body By Itself Doesn't Entitle Accused To Benefit Of Doubt: SC [Read Judgment]

"It is not an invariable rule of criminal jurisprudence that the failure of the police to recover the corpus delecti will render the prosecution case doubtful entitling the accused to acquittal on benefit of doubt."

Essar Insolvency : SC Orders Status Quo On NCLAT Verdict

The Supreme Court on Monday ordered status quo as of today with respect to the order of National Company Law Appellate Tribunal in the Essar insolvency case.The bench of Justices R F Nariman and Surya Kant was hearing a bunch of appeals filed by the Committee of Creditors and several banks challenging the July 4 order of the NCLAT which had approved ArcelorMittal's Rs 42,000 crore bid for...

'Approach BCI', SC Tells Petitioner Who Sought Directions To Improve Safety Of Advocates

Just a month after the first woman President of Uttar Pradesh Bar Council Darwesh Yadav was killed in the Agra civil court complex, a PIL came for hearing before the Supreme Court seeking direction to Bar Council of India (BCI) to frame gender neutrality safety guidelines for lawyers.The bench headed by Chief Justice of India (CJI) Ranjan Gogoi on Monday refused to entertain the plea but...

SC Dismisses PIL Seeking Implementation Of Vishakha Guidelines In Religious Institutions [Read Order]

The Supreme Court on Monday dismissed a PIL which sought that the Vishakha guidelines on sexual harassment at workplaces be extended to religious institutions as well. The bench headed by Chief Justice Ranjan Gogoi was of the view that judicial orders cannot be passed to grant the prayers in the petition and that sexual harassment committees cannot be constituted for religious places.'How...

Delay In Justice Kureshi Elevation : SC Grants Centre Time Till August 2 To Respond To GHCAA Petition

The CJI-led bench of the Supreme Court on Monday listed on August 2 the petition filed by Gujarat High Court Advocates Association which seeks to direct the Centre to notify the appointment of Justice A Kureshi as CJ of Madhya Pradesh High Court as recommended by the SC Collegium.At the outset, Solicitor General Tushar Mehta said that the Centre required two more weeks time to...

Supreme Court Weekly Round Up

Execution Petition Filed Without Certified Copy Of Decree Maintainable [Sir Sobha Singh And Sons Pvt. Ltd. vs. Shashi Mohan Kapur] In the appeal filed before the Supreme Court, the bench comprising Justice Abhay Manohar Sapre and Justice and Dinesh Maheshwari observed that it is not necessary to file a copy of the decree along with execution application unless the Court directs the...

Karnataka Crisis : SC Refuses To Hear Today MLAs' Plea For Holding Trust Vote

The CJI-led bench of the Supreme Court on Monday refused to accept the request made for urgent hearing today for a writ petition filed by two MLAs for holding trust vote in Karnataka assembly.When an oral mention regarding this was made by Senior Adovacate Mukul Rohatgi, CJI Ranjan Gogoi said it was impossible.Then Rohatgi made a request for tomorrow listing, to which the CJI responded 'We...

Whenever The Question Of Equal Rights For Women Has Come Forward,The Approach Of The Courts Has Been Disappointing:Indira Jaising [NLSU Speech]

"PIL can be an instrument of oppression perhaps more deadly than any other since it is so heavily dependent on the "discretion" of judges", she said.

Karnataka MLAs Move SC Seeking Direction To Hold Trust Vote Tomorrow

As uncertainty looms over the fate of Congress-JD(S) government of Karnataka, two MLAs have approached the Supreme Court seeking a direction to hold trust vote by tomorrow 5 PM.The petitioners KPJP MLA R Shankar and independent MLA Nagesh state that they had withdrawn their support to ruling coalition, making it a minority government. Though the Chief Minister H D Kumaraswamy had declared...

There Is No Substantial Proof For Death Penalty As Deterrent To Crime : Justice Kurian Joseph [Project39A Podcast]

Project 39A, NLU Delhi is inspired by Article 39-A of the Indian Constitution, a provision that furthers the intertwined values of equal justice and equal opportunity by removing economic and social barriers. These are constitutional values of immense importance given the manner in which multiple disparities intersect to exclude vast sections of our society from effectively accessing...

Arbitration - Section 31(8), 31A Will Not Apply If Fee Structure Is Laid Down By Agreement : SC [Read Judgment]

The Supreme Court has held that Section 31(8) and 31A of the Arbitration and Conciliation Act 1996 will not apply to arbitral fee if a fee structure has already been laid down in the agreement between parties.The bench of Justices R F Nariman and Surya Kant overruled the Delhi High Court decision in National Highways Authority of India v Gayathri Jhansi Roadways Ltd, which held that arbitral...